Texas debt lawsuit going on no activity for 18 months and now has trial date next month??

[Kramer33 0]

Need advice. Junk debt attorney sued me in 2014 for allegations on a Care Credit card (which was sanctioned for violating the CFPA by the Consumer Financial Protection Bureau for many illegal practices). My answer was timely filed and now it's going on 18 months with no activity from the court or plaintiffs. I received a letter for trial date next month. What are my options? 

[shellieh98 1,505]

It's probably to late for discovery, but you could try a motion to compel priviate contractual arbitration.  Care credit has arbitration agreements for JAMS in all their agreements.  Google credit card data base and find your specific agreement. There are sample motions in multiple threads posted here.

[Kramer33 0]

The trial letter that I received stated we could send discovery. 

[shellieh98 1,505]

When did you get that letter?  Because your going to need more than 30 days to conduct discovery

[Kramer33 0]

Last week in the mail.  Could I file a motion to dismiss for want to persecution?  

I have not received one piece of documentation from the plaintiffs and no activity has been for almost 18 months on the docket. Texas Supreme Court states timeline for civil suit no jury is 12 months? 

[Guest usctrojanalum]

Whether or not you can bring a motion to dismiss for want of prosecution really depends on what statutes and case law say on the matter and what the procedure is for getting a case dismissed.  There was a recent case in NY of a case that had no movement in 20 years and it was allowed to proceed because the matter was never marked off the calendar.